How HMRC handle tax credit overpayments Contents Page Introduction 2 How to challenge recovery of an overpayment 3 How we recover overpayments step by step 4 Time to Pay - up to three years 6 - more than three years 6 Joint claims who has to repay overpayment 6 How do we decide what s affordable 6 Mental Health 7 Hardship 8 Business Process flowchart 9 Letters and Forms - Notice to pay - TC610 10 - Reminder to pay - IDMS 15 11 - Warning letter of possible legal proceedings - IDMS10 12 - Example of income and expenditure template 13 Guidance for intermediaries and advisers on how HMRC handle tax credit overpayments 1
How HMRC handle tax credits overpayments Introduction This is a guide aimed at advisers and intermediaries who provide support and guidance to our tax credit customers. We will ask customers who have been paid too much tax credits to pay back the extra money. We can recover an overpayment from our customers in two ways. 1. If the customer is still getting tax credits under their original claim If the customer s original claim is continuing, we will take 25% from their four weekly or weekly payments of tax credit until the overpayment is recovered. If the customer s original claim is continuing and the customer is getting maximum tax credits we will take only 10% If the customer s original claim is continuing and the customer is getting only the family element of Child Tax Credit we will take 100%, so the customer will receive nothing until the overpayment is repaid We call this recovery from an ongoing award and the process is managed by the Tax Credit Office (TCO). However, if customers cannot afford the reduction in the payments they receive, they should contact the Tax Credits Helpline, who will arrange for the customer to be contacted to work out what is a reasonable sum to reduce payments by and for what period. 2. If the customer is no longer entitled to tax credits or has made a new claim If a customer is no longer entitled to tax credits or gets tax credits because they have made a new claim, we ask them to repay the overpayment to us direct. We will write to the customer and ask them to repay the overpayment. The letter will advise the customer how they can pay the money and also advises them to contact the Payment Helpline if they wish to spread the repayment over 12 months. We can consider a longer period than 12 months where this is not affordable, see page 6 for further details. An example of the letter (notice to pay TC610) can be found on page 10. The earlier a customer contacts us, the easier it is to resolve any issues the customer has with the repayment. If the customer doesn t make a payment and doesn t contact us we will seek to collect the debt. Guidance for intermediaries and advisers on how HMRC handle tax credit overpayments 2
How to challenge recovery of a tax credit overpayment Appeal Customers may appeal if they think that the decision we made, which created the overpayment was incorrect. More detail about how to do this can be found in our leaflet WTC/AP - Child Tax Credit and Working Tax Credit: how to appeal against a tax credit decision or award. You can get a copy of this leaflet: By phoning the Tax Credits Helpline By downloading a copy from our website at http://www.hmrc.gov.uk/leaflets/wtc_ap.pdf Example: Daisha claims tax credits for her 3 children. Her eldest child finished her GCSE s but decided to stay on at school to do her A levels. Daisha told HMRC and continued to receive tax credits for 3 children. When HMRC work out Daisha s final tax credits for the year, they only included 2 children. Because Daisha received money for 3 children, HMRC thought that they have overpaid her. Daisha appealed the decision and asked HMRC to change her award as she should have received tax credits for 3 children. If she is successful, the overpayment will disappear. If a customer appeals a decision, which created the overpayment, then any recovery action will be suspended until the outcome of the appeal is known. Dispute Customers who accept that they have received more than they were due may still dispute recovery of the overpayment if they believe the overpayment was caused by us failing to meet our responsibilities. Customers should contact the Helpline as soon as possible. More detailed advice can be found in our leaflet COP26 What happens if we ve paid you too much tax credit? You can get a copy of this leaflet: By phoning the Tax Credits Helpline By downloading a copy from our website at http://www.hmrc.gov.uk/leaflets/wtc_ap.pdf Example: Eric and his wife were paid tax credits for 3 children when they only have two. When Eric received his award notice, he phoned HMRC to tell them they had the number of children wrong. HMRC did not correct the mistake and kept on paying Eric too much tax credit. After the end of the year, Eric had received more tax credit than he should have and so has an overpayment. Eric used the dispute process because he doesn t think he should have to pay it back because he told HMRC of the mistake as soon as he saw his award notice. If a customer disputes recovery of an overpayment, then the Tax Credit Office (TCO) will arrange for suspension of any recovery action while we reconsider. If we decide that the customer should repay the overpayment then action to recover it will continue. Code of Practice 26 (COP26) Customers who contact us because they do not understand why they have an overpayment or to dispute the overpayment, will get a written explanation from TCO and a copy of our Code of Practice COP26 which explains the principles behind our approach. Guidance for intermediaries and advisers on how HMRC handle tax credit overpayments 3
How we recover tax credit overpayments Step 1 notice to pay We issue a notice to pay to the customer (TC610). This sets out the amount of the overpayment and provides the Payment Helpline phone number. An example of the letter can be found on page 10. If the customer pays in full we take no further action. If the customer contacts us for help, we can agree a payment arrangement. payment options including an instalment arrangement for up to 3 years if necessary. A longer period can considered for repayment depending on a customer s financial circumstances (see Time to Pay page 6). If the customer disputes the recovery of the overpayment, we will suspend action to recover the overpayment while we reconsider. Step 2 written reminder If an overpayment has not been fully repaid 30 days after we sent the notice to pay and the customer has not contacted us, we will send a further letter to the customer asking for payment (IDMS15). An example of the letter can be found on page 11. If the customer pays in full following this letter, we will take no further action. If the customer contacts us for help, we can agree a payment arrangement. If the customer disputes the recovery of the overpayment, we will suspend action to recover the overpayment while we reconsider. Step 3 - telephone contact If an overpayment has still not been fully repaid 21 days after we sent the written reminder (IDMS 15) and the customer has still not contacted us we ask our Debt Management Telephone Centre (DMTC) to call them. The DMTC will discuss payment options including an instalment arrangement for up to 3 years if necessary. If a customer asks for a longer repayment period, or it is clear that they cannot pay the debt and meet their living expenses at the same time, we pass the case to our Hardship Team. The hardship team will contact the customer and ask for details of income and expenditure and try to agree payment options based on the customer s ability to pay. They also take into account family circumstances as explained in COP26. The Hardship Team look at each case on its own merits and at the ability of the customer to make repayments. If the customer cannot afford repayment the Hardship team will keep in touch with the customer to see whether their circumstances improve and will carry out regular reviews at 3 to 6 months intervals until arrangements for the repayment can be agreed for example, if a person seeking work gets a job If the customer pays in full we will take no further action. If the customer sets up an agreed payment arrangement then collection action will stop providing payments are kept up to date. If the customer disputes recovery of the overpayment, we will suspend action to recover the overpayment while we reconsider. Guidance for intermediaries and advisers on how HMRC handle tax credit overpayments 4
Step 4 warning letter We will issue a letter (IDMS 10) warning of legal proceedings if after Step 3 a customer who can pay does not do so or if we have been unable to contact the customer by phone. The letter provides the customer with a telephone number to contact. An example of the letter can be found at page12. If the customer pays in full following this letter, we will take no further action. If the customer contacts us for help, we can agree a payment arrangement. If the customer disputes the recovery of the overpayment, we will suspend action to recover the overpayment while we reconsider. Step 5 personal contact If the customer still fails to pay in full or agree arrangements for payment or has still not been in contact, the overpayment will be transferred to one of our Debt Pursuit Offices (DPOs) to follow up. The DPO will check that the debt is properly collectable before trying to contact the customer by phone or letter to set up an arrangement to pay wherever possible. Any letter sent by the Debt Pursuit Office will provide the customer with a telephone number to contact them on. If the DPO cannot make contact with the customer they will refer the case to our Field Force staff who will visit the customer. This is normally at their home but it can be arranged elsewhere if it is more convenient for the customer. At this stage we can still agree a payment arrangement. Every effort is made to contact the customer before we consider enforcement action. Step 6 legal proceedings If the customer still does not pay or we have, despite all efforts, been unable to establish any contact with them, we will usually go to court to obtain judgement to enable us to enforce payment of the outstanding debt. We use summary proceedings in England, Wales, Scotland and Northern Ireland county court proceedings in England and Wales ordinary cause in Scotland. We have the power to use distraint but do not generally apply it to tax credit customers. Guidance for intermediaries and advisers on how HMRC handle tax credit overpayments 5
Time to pay up to three years 12 months time to pay is offered as standard. We make this clear on the letter we send to our customers (notice to pay TC 610). The letter also has our Payment Helpline number for customers who feel they will find it difficult to repay the overpayment. If a customer does not think they can pay within 12 months, we can negotiate a longer repayment period of up to three years. Time to pay more than three years If a customer tells us they need longer than three years they will have to complete a form with details of their income and outgoings to help us see what is affordable and sustainable for the customer. We do not wish to enter into agreements with an unrealistic repayment plan as this will cause stress for the customer and be less effective in recovering the overpayment. When we consider these cases we will take into account any exceptional circumstances we are told about that may lead to extra living costs, for example, if the customer is looking after someone who is chronically ill or disabled. We will also take into account how the customer s circumstances might change over time. For example, if a person is receiving Jobseeker s Allowance we would want to review the case once they were back in employment, whereas disability benefits might indicate that a person is unlikely ever to be able to repay an overpayment. Each case is treated on its merit and in some exceptional circumstances, we may write off an overpayment altogether. Joint claims who has to repay the overpayment? When a couple claim tax credits and an overpayment arises from this joint claim, they are each liable to repay the whole amount. However, we will only ask each person to pay a maximum of 50% of the overpayment. They may wish to split the debt in a different way, for example, 70% and 30%, but that is something they must resolve between themselves. If customers fail to stick to any arrangement made between them we will seek 50% from each. Paying off more than one tax credit overpayment at the same time If a customer is currently paying back one tax credit overpayment by direct payment and paying back another from an on-going award at either 10% or 25% they can contact our Payment Helpline and ask for the overpayment being recovered by direct payment to be suspended until the overpayment being recovered from the ongoing award is completed. Guidance for intermediaries and advisers on how HMRC handle tax credit overpayments 6
How we decide what s affordable In assessing a customer s ability to repay an overpayment, we compare their actual expenditure with figures provided by research carried out by the Office for National Statistics. The figures shown in the table below represent what research shows to be average monthly spending in each category and are the figures used throughout the banking and credit industry Expenditure category First Adult Additional Adults Per Head Children Under 14 Per Head Children 14-18 Per Head Own Vehicle Per Vehicle Phone 40.00 15.00 7.00 11.00 Travel 49.00 40.00 18.00 31.00 88.00 Housekeeping 242.00 141.00 63.00 107.00 Other expenditure 100.00 82.00 36.00 62.00 We will ask customers for an explanation if they say they have to spend more. We understand that customers have less discretion or control over existing commitments and fixed costs as listed in the following chart, and we will take these fully into account unless they appear excessive. Rent Mortgage Secured loans Council Tax Court fines Pension payments Life assurance HP or conditional sale TV licence Maintenance or child support The Income and expenditure form on pages 13 and 14 shows the information we ask customers to provide and we use this to assess their ability to pay. We prefer this form but we will accept others giving the same information. If the customer owns property and has no other means to pay we may consider attaching a charging order that would allow us to recover the money owed on the sale of the property. If it becomes clear that a customer is unlikely ever to be able to repay the debt, it may be written off. But there is no legal requirement for us to do so. Mental Health We will need a letter from a health care professional or mental health social worker explaining the mental health problem to enable us to deal with these cases. In most cases the evidence provided will be sufficient to relieve the customer from responsibility for payment. For sole debts we will write to the third party and the customer to let them know that we will not continue with recovery of the overpayment. For joint debts we will continue with recovery from the other partner in line with the section above Guidance for intermediaries and advisers on how HMRC handle tax credit overpayments 7
Hardship When we establish that a customer: has no means to repay an overpayment ; has no current or future assets, does not own any property; and recovery of the overpayment would cause financial hardship, providing contact with the customer is made before the case is referred to one of our debt pursuit offices (DPOs), our specialist Hardship Team (part of the DMCO) will deal with it. If the case has already transferred to a DPO, they will carry out the same role as the Hardship Team. The Hardship Team specialises in dealing with cases where the customer tells us that they cannot afford to repay a debt. They look at each case on its own merit and at the ability of the customer to make repayments. COP 26 underpins their activity. They will write to the customer after 8 weeks asking them to contact us. If the customer gets in touch, we will discuss their current income and expenditure to establish whether anything has changed. If the customer still does not have the means to repay the overpayment, we allow a further period depending on how their circumstances are expected to change. For example, if a person is seeking work they may get a job and a review would be carried out at that point. Otherwise a further review is carried out in 3 to 6 months. The review period can be longer if necessary. If it becomes clear the household is unlikely ever to be able to repay the debt, it may be written off. But there is no legal requirement for us to do so Guidance for intermediaries and advisers on how HMRC handle tax credit overpayments 8
Business process flowchart First letter of notification (TC610 Step 1) Second letter of notification (IDMS15 Step 2) Phone call from Debt Management Centre (Step 3) Letter informing customer of initiation of debt recovery (IDMS10 - Step 4) Visit from Debt Recovery Officer (Step 5) County Court proceedings (Step 6) Guidance for intermediaries and advisers on how HMRC handle tax credit overpayments 9
An example of the initial letter TC610 asking for repayment Guidance for intermediaries and advisers on how HMRC handle tax credit overpayments 10
An example of the follow-up letter IDMS15 sent if no response to TC610 Guidance for intermediaries and advisers on how HMRC handle tax credit overpayments 11
An example of letter IDMS10 sent if no response to phone call or letter IDMS15 Guidance for intermediaries and advisers on how HMRC handle tax credit overpayments 12
An example of the income and expenditure form used by HMRC Guidance for intermediaries and advisers on how HMRC handle tax credit overpayments 13
An example of the income and expenditure form - continued Guidance for intermediaries and advisers on how HMRC handle tax credit overpayments 14
These notes are for guidance only and only reflect the position at the time of writing. They don t affect any right of appeal Issued by HM Revenue & Customs Benefits & Credits - September 2009 Guidance for intermediaries and advisers on how HMRC handle tax credit overpayments 15